Medical negligence bill advances
A few months before the January 13 start of the 2026 session, a bipartisan proposal to reform Florida’s wrongful death act is ready for the House floor, but faces an uncertain future.
The House Judiciary Committee voted 15-1 on November 19 to approve HB 6003 by Rep. Dana Trabulsy, R-Ft. Pierce and Rep. Johanna Lopez, D-Orlando.
Rep. Dana Trabulsy
The measure would restore the rights of adults and adult children to recover non-economic damages in wrongful death cases tied to medical negligence.
In a brief introduction, Trabulsy recounted how a similar bill cleared the House and Senate earlier this year only to be vetoed by Gov. Ron DeSantis in May.
“We’re not done yet,” she said.
Physicians, hospitals, and insurers warned the measure would contribute to skyrocketing healthcare costs, raise medical malpractice premiums, and discourage doctors from coming to Florida.
Echoing those concerns, DeSantis called for caps on damage awards.
Andy Bolin, a board-certified civil trial lawyer who represents doctors, testified on behalf of the Florida Justice Reform Institute, a major opponent.
Bolin countered claims that Florida is the only state with the litigation restrictions.
“There are multiple states throughout the country that say any tort with adult children, or parents of adult children, cannot recover,” he said. “The exact same result would take place in a number of states throughout the country.”
Caps on non-economic damages would still permit victims to be made whole and protect doctors and hospitals from the uncertainty of “nuclear verdicts,” Bolin said.
Lauren Korniyenko, one of a handful of supporters, argued the litigation restrictions should be repealed because they failed to do what lawmakers promised in 1990, to control runaway medical malpractice premiums.
“Like most Floridians, I only learned about Florida’s free-kill law after my mother died due to documented medical negligence,” she said. “Nobody should lose their constitutional rights just by entering a Florida hospital.”
HB 6003 cleared the Civil Justice and Claims Subcommittee 16-2 on October 15. Its final stop was Judiciary.
However, the measure has yet to find a Senate sponsor. Similar legislation, HB 6011and HB 651, cleared the House in 2022, and 2021, respectively. Both bills died in the Senate.
